In Qureshi v (1) Victoria University of Manchester (2) Brazier, the EAT holds that an industrial tribunal wrongly adopted a "piecemeal approach" in determining whether the less favourable treatment complained of by an employee against his employer and his boss was on the ground of his race.
An employer's many refusals to upgrade an employee, or to give him opportunities to act up, could amount to a "continuing act" for the purposes of establishing whether the employee's race discrimination complaint was time-barred, holds the EAT in Owusu v London Fire and Civil Defence Authority.
In Leicester University Students' Union v Mahomed, the EAT holds that, while proof of two years' continuous employment is a precondition to a finding of unfair dismissal, it is not a precondition to an industrial tribunal having jurisdiction to consider such a complaint.
The EAT holds in Grewal v Walsall Metropolitan Borough Council that an industrial tribunal's decision that there had been no racial discrimination was perverse, where the facts showed that the complainant had suffered less favourable treatment for which the employer had given no credible explanation.
East African Asian employees of a UK bank who were required to waive their right to have their African service with a "group" employer credited for pension purposes, had not suffered race discrimination, holds the Court of Appeal in Barclays Bank plc v Kapur and others.
A black trainee solicitor who was dismissed when she failed her Law Society finals was unlawfully discriminated against on grounds of race, rules a Leicester industrial tribunal (Chair: P D Williams) in Lindsay v Ironsides Ray & Vials.
Only the Commission for Racial Equality can bring proceedings in respect of a job advertisement which indicates that the advertiser intends to do an unlawful act of race discrimination, holds the EAT in Cardiff Women's Aid v Hartup.
An Asian "ethnic minority specialist careers officer" who was not selected for a course which would enable him to perform his duties, was discriminated against on grounds of race, holds a Bedford industrial tribunal (Chair: C Tribe) in Bath v Bedfordshire County Council.
An industrial tribunal has no power to award exemplary damages in a discrimination case, holds the EAT in Deane v London Borough of Ealing and another, following the ruling of the Court of Appeal in Gibbons and others v South West Water Services Ltd.
In King v The Great Britain-China Centre the Court of Appeal reviews the circumstances in which an industrial tribunal may draw an inference of racial discrimination.
HR and legal information and guidance relating to direct race discrimination.